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(영문) 창원지방법원 통영지원 2018.04.13 2017고단1785

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On December 14, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving) at the Changwon District Court’s branch on December 14, 2015, and on August 23, 2016, the Defendant received a summary order of KRW 4 million for the same crime from the Changwon District Court’s branch branch.

[Criminal facts] On November 13, 2017, the Defendant driven a B Track Motor Vehicle without obtaining a driver’s license for a motor vehicle under the influence of alcohol 0.054% from a section of approximately 100 meters alcohol level from the home flusing presses front to the front road of the Dong Hack-si, which is located in the Gero-si Cro-si, B, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of alcohol, the statement of the circumstances of the driver in charge, the investigation report (report on the situation of the driver in charge), the ledger of driver's licenses (A), and the details of the cancellation of driver's

1. Previous convictions in judgment: Application of the provisions of Acts and subordinate statutes to refer to inquiries about criminal background, etc. (A), investigation reports (Attachment of previous judgments attached thereto);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished for driving alcohol twice, but there is no criminal record exceeding the fine, and the defendant's age, sex, environment, health conditions, circumstances leading to the crime, means and results, etc. shall be determined as ordered by the order, taking into account the sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, etc.